When a drunk driver causes a crash, families often ask a fair question: what about the bar or restaurant that kept serving them? In California, the answer is usually different from what people expect. This article explains the general rule, the important exceptions, and why the answer can change in other states.
The general rule in California
California law generally does not hold a bar, restaurant or party host responsible for injuries caused by an adult they served. The law treats the drinker’s own choice to drink and drive as the cause of the harm, not the serving of the alcohol. That rule has been part of California law for decades.
The exceptions: minors
The main exceptions involve people under 21. A licensed seller can be responsible if it sells or serves alcohol to an obviously intoxicated minor who then causes injury or death. A social host can also be responsible if they knowingly give alcohol to a person under 21 at their home, and that person then hurts someone. These exceptions are narrow, and the facts matter: who served, who was served, how old they were, and what the server could see.
Other states have different rules
This is a California rule. Other states, including some where we handle cases, have “dram shop” laws that can make a bar responsible for serving a visibly intoxicated adult. If the crash happened outside California, the answer may be different.
Who pays in a drunk driving case
Even when the bar is not responsible, a drunk driving case often involves more than one source of payment: the driver’s insurance, the vehicle owner’s insurance if someone else owned the car, and your own uninsured and underinsured motorist coverage. A drunk driver’s conduct can also matter for damages. We look at every source.
What to do after a crash with a drunk driver
- Get medical care and keep every record.
- Get the police report number. The report often records alcohol testing and witness statements.
- Write down where the driver had been, if you know: a bar, a restaurant, a party. Receipts and video can disappear quickly.
- Don’t give a recorded statement to any insurer before you get advice.
Read more about drunk driver victims and dram shop liability, and our car accident cases across California, including Los Angeles and Orange County.